Special Bulletin for Businesses – No. 52
November 29, 2005 Notice
The information contained in this bulletin is considered accurate the date of publication. The information has not been updated to reflect any changes to the Firearms Act and related regulations. |
End of Amnesty for Prohibited Handguns
Snapshot
- The amnesty ends on December 31, 2005, for businesses that had prohibited handguns in their inventory on December 1, 1998, and for individuals who registered a prohibited handgun after February 14, 1995.
- There are no plans to extend the amnesty.
- Some businesses and individuals will need to dispose of their handguns.
- Prohibited handguns can be transferred to your business if it is licensed to possess them for an approved purpose.
- A licence to sell prohibited handguns at retail is only valid for prohibited handguns that were reported as business inventory before December 1, 1998. It does not allow the business to acquire more prohibited handguns.
Prohibited Handguns
As indicated in several previous bulletins, handguns with a barrel length of 105 mm or less and handguns that were designed or altered to discharge .25 or .32 calibre ammunition became prohibited on December 1, 1998, except for specific models used in International Shooting Union competitions.
These prohibited handguns are commonly called 12(6) handguns, in reference to grandfathering provisions contained in section 12(6) of the Firearms Act. Originally, only handguns that were registered to an individual could be grandfathered. However, as we informed you in Special Bulletin for Businesses No. 47,an amendment contained in Bill C-10A extended grandfathered status to handguns that were reported to the Commissioner of the RCMP as business inventory before December 1st, 1998.
An amendment to the Firearms Licences Regulations (Businesses) now allows a business to sell its grandfathered prohibited handguns at retail to an individual who is licensed to acquire them. To be able to do so, the business needs to obtain the appropriate privileges on their Firearms Business Licence and register their handguns. If your business has prohibited handguns and needs help to meet the licensing and registration requirements, please call 1 800 731-4000.
A licence for retail sales of prohibited handguns will only be valid for handguns that were reported as business inventory before December 1st, 1998. Your business cannot acquire more prohibited handguns to sell at retail.
Amnesty
On December 1, 1998, an amnesty was put in place to protect businesses and individuals from penalties while they disposed of handguns that they had possessed lawfully under the former law but could not lawfully keep under the Firearms Act. The amnesty was extended until December 31, 2005, to allow time for some legislative and regulatory changes to go through the necessary Parliamentary processes.
Bill C-10A received Royal Assent in May 2003. Changes to the supporting regulations were made in November 2004. The legislative and regulatory amendments came into effect on April 10, 2005. There are no plans to extend the amnesty beyond the December 31, 2005 deadline.
If your business currently possesses grandfathered prohibited handguns without the required licence privileges and registration certificates, it will need either to meet the licensing and registration requirements or dispose of its prohibited handguns before the amnesty expires. Call 1 800 731-4000 if you need assistance to obtain the necessary licence privileges and to register your firearms. If you decide to dispose of your handguns, it is important to do so in a safe and responsible manner, as follows:
- by transferring the handguns to a properly licensed business or individual;
- by permanently deactivating the handguns so that they cannot be made to fire ammunition, and therefore, no longer meet the definition of a firearm;
- by exporting the handguns to a country that will allow them to be imported: contact the Export Controls Division of International Trade Canada at 1 800 267-8376 for information on export requirements or refer to their Website;
- by turning the handguns in to a police or firearms officer for disposal; or
- by replacing a short barrel with one longer than 105 mm and turning the short barrel in to a police or firearms officer for disposal.
Regardless of the method of disposal, the Registrar needs to be notified so that the records can be updated.
The same options are available to individuals who need to dispose of a prohibited handgun. As a result, you may see a slight increase in the number of handgun owners enquiring about the possibility of transferring their prohibited handguns to your business. The handguns can be transferred to your business if it is licensed for certain approved activities set out section 22 of the Firearms Licences Regulations (Businesses), including, for example, for display at a museum or at a branch of an organized army or police veterans groups, such as the Royal Canadian Legion.
However, prohibited handguns cannot be transferred to your business if it is only licensed to possess prohibited handguns for the purpose of selling existing inventory at retail, or to store, repair or test prohibited firearms on behalf of someone else. A licence allowing your business to sell prohibited handguns on consignment is only valid for handguns being sold on behalf of someone licensed to possess them.
More Information
For general information, contact us at:
1 800 731-4000 (Toll Free)
E-mail: cfc-cafc@cfc-cafc.gc.ca
This bulletin is intended to provide general information only. For legal references, please refer to the Firearms Act and Regulations. Provincial, territorial and municipal laws, regulations and policies may also apply.
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